Criminal Law Fundamentals Quiz

The guilty mind; the mental state required for a crime to be committed.

The guilty act; the physical act of committing a crime.

Actus Reus is the physical act of committing a crime, while Mens Rea refers to the mental state or intention behind the act.

Someone who participates in or contributes to a crime, even if they don't directly commit the act.

A person who knowingly assists another in committing a crime.

Providing assistance to someone committing a crime.

Encouraging or inciting someone to commit a crime.

Advising or encouraging someone to commit a crime.

Someone who helps a criminal after the crime, such as hiding them or destroying evidence.

An agreement between two or more people to commit a crime.

Taking steps toward committing a crime, even if the crime itself isn't completed.

Summary conviction offences, indictable offences, and hybrid offences.

Less serious crimes, such as minor theft or vandalism.

The most serious crimes, like murder or armed robbery.

Offences that can be treated as either summary conviction or indictable, depending on the circumstances.

Serious criminal offences that can result in a trial by jury and potentially harsher sentences than summary conviction offences.

Less serious criminal offences with simpler court procedures and typically lighter penalties than indictable offences.

Crimes that can be treated as either summary conviction or indictable offences, depending on the Crown attorney's decision.

The Crown attorney decides whether to pursue a hybrid offence as a summary conviction (proceeding summarily) or as an indictable offence (proceeding by indictment). This decision is based on factors like the severity of the crime and the accused's criminal history.

A homicide committed without the intent to kill.

The legal standard required for a police officer to arrest someone. It means having sufficient evidence to believe that a person has committed or is about to commit a crime.

A legal document issued by a judge that authorizes the police to arrest a specific person.

A legal document issued by a judge that authorizes the police to search a specific location.

An offence that occurs when a person physically fights or refuses to cooperate with a lawful arrest by a police officer.

A public document filed with the court that outlines the criminal charges against an accused person.

A legal document that orders a person to appear in court at a specific date and time.

The right to a fair and just legal process, including the right to be considered innocent until proven guilty, to remain silent, and to have a fair trial.

Legal assistance provided to those who cannot afford to pay for a lawyer.

A formal document outlining the specific charges against an accused person, prepared after a preliminary hearing.

A document that lays out the accusations against a person in a criminal case.

The legal framework ensuring fairness for all parties involved in a legal case, protecting their rights.

Every accused person is assumed innocent until proven guilty by a judge or jury.

The Crown must provide sufficient evidence to prove beyond a reasonable doubt that the defendant committed the crime.

It shields defendants from being forced to explain or justify their actions at any stage of a prosecution.

From the moment of arrest until the end of the trial, an accused person has the right to remain silent.

It guarantees every Canadian the right to life, liberty, and security of the person, and protects against deprivation of these rights except in accordance with fundamental justice.

It prevents accused persons from being forced to testify at their own trial.

The idea that court proceedings are open to public scrutiny, ensuring transparency and accountability.

Judges are impartial and free from outside influences, making independent decisions based on the law.

Direct evidence: firsthand witness accounts, and Circumstantial evidence: evidence linking the accused to the crime, like objects found at the scene.

Experts provide opinions based on their specialized knowledge while regular witnesses can only provide firsthand accounts.

Second-hand information, like a witness reporting what someone else told them about a crime.

An accused person cannot be forced to incriminate themselves or testify against their spouse.

Testimony from a witness who personally saw or experienced something related to the case.

Indirect evidence that suggests a connection between a person and a crime, but doesn't directly prove involvement.

Evidence based on what someone else heard or witnessed, not firsthand experience.

Court files contain information about the charges, evidence, and proceedings of a criminal case. These documents are crucial for journalists, researchers, and legal professionals.

Criminal case files are typically indexed by the defendant's last name, making it easier to locate specific cases.

Documents outlining the charges, defendant's details, and key information about the case.

Search warrants reveal the location searched, evidence sought, and details about the investigation.

The first appearance of the accused person in court to answer to criminal charges.

Reports prepared by probation officers that provide background info about the defendant for sentencing.

A criminal case typically involves arraignment, pre-trial proceedings, trial, and sentencing.

Cases can move quickly if a defendant pleads guilty early. However, they often take months or even years due to pre-trial proceedings, trial, and possible appeals.

The Crown's legal obligation to provide the accused with all evidence they have gathered, including evidence that could exonerate the accused.

To ensure a fair trial by preventing the Crown from using surprise tactics and allowing the accused to prepare their defense effectively.

The court can halt the prosecution, as the accused has been denied their Charter right to a fair defense.

The formal stage where an accused person responds to charges by choosing the trial court and entering a plea of guilty or not guilty.

For most indictable offenses, the accused can choose between a provincial or territorial court or a superior court.

The accused must enter a plea in the provincial court, as they don't have the option of a higher court.

The accused can choose the trial court and enter a plea, but some offences must be tried in superior court.

An interim proceeding in the provincial or territorial court to determine if there's enough evidence to send an indictable offence case to superior court.

The accused is discharged, meaning the charges are dropped for lack of evidence.

A crime that can be prosecuted as either a summary conviction or an indictable offence based on the Crown's decision.

To postpone or suspend a trial for a fixed period or indefinitely.

The process of deciding whether an accused person should be freed before their trial.

Police might release an accused on a promise to appear, or the authorities may seek to keep the accused in custody.

A hearing where a judge decides whether an accused person should be released on bail.

The Charter guarantees the right to reasonable bail, meaning accused persons cannot be denied it without just cause.

A hearing before a judge to determine if there's enough evidence to send an accused person to trial.

A judge's decision to send a case to trial after a preliminary hearing, meaning there's enough evidence to proceed.

A court order ending a prosecution at the preliminary hearing stage, because there's not enough evidence for a trial.

A procedure where the Crown takes an accused person directly to trial, bypassing the preliminary hearing, with the approval of the Attorney General.

An agreement between the Crown and defence about the charge the accused will plead guilty to, or the sentence to be suggested to the judge.

Legal arguments about evidence or other legal issues, often dealt with before the trial, especially in complex cases.

A prosecutor's decision to drop charges during the case, ending the prosecution.

Temporarily stopping a prosecution for up to a year, giving the police more time to investigate.

A judge's order to permanently stop a prosecution, often used when an accused person's rights are violated.

The prosecution's presentation of evidence to prove the accused's guilt in court.

Evidence sufficient to prove the accused's guilt beyond a reasonable doubt, if left unchallenged.

A prosecutor's introduction to the jury outlining the evidence against the defendant.

The defence lawyer's questioning of the Crown's witnesses to challenge their testimony.

The presentation of evidence by the defence to support the accused's innocence.

A judge's decision to acquit the accused if the prosecution's case is weak.

A court's release of a person in custody on criminal charges, allowing them to be free while awaiting trial. It's also known as judicial interim release.

A bail hearing, also known as a "show cause" hearing, determines if a person should be released on bail. The Crown must prove why the accused should remain in custody.

A judge can deny bail if they believe the accused will flee, commit further offenses, or intimidate witnesses. They can also deny bail if they consider detention necessary to maintain public confidence in the justice system.

A surety is a person who provides security (like money or property) to support an accused person's release on bail. They're responsible for the defendant's appearance in court.

If the accused fails to appear in court, the money or property pledged by the surety is forfeited to the state. This serves as a financial consequence for not showing up.

Plea negotiation is an agreement between the defense and the prosecutor where the defendant agrees to plead guilty in exchange for potential benefits, like reduced charges or a lighter sentence.

Plea negotiation can help the court process run smoothly, save costs, and spare victims the ordeal of testifying. It allows for a quicker resolution of cases.

It acts as a filter, stopping frivolous prosecutions and saving time and money. It also gives the defense an opportunity to review evidence and challenge Crown witnesses.

The Crown must present evidence that could lead a jury, if they accept it, to convict the accused. The standard is lower than that for a full trial.

The Crown presents its evidence, and the defense can question witnesses. They can argue about the admissibility of evidence.

A preliminary hearing tests if there's enough evidence to proceed to trial. A trial determines the actual guilt or innocence of the accused.

Yes, an accused person can skip the preliminary hearing and go directly to trial for various reasons, like wanting to know the strength of the Crown's case or avoiding legal fees.

Cases can move quickly if an accused person pleads guilty. They may avoid trials to avoid further legal processes and potential consequences.

A court order that permanently halts a criminal prosecution due to an abuse of the legal process. Crown attorneys can also temporarily stop a prosecution for up to a year.

A 'trial within a trial' where the judge decides if certain evidence is admissible.

Evidence presented by the prosecution to directly address new information introduced by the defence.

A trial is declared invalid due to something that compromised the accused's right to a fair trial.

Each side provides a speech that summarizes the evidence and argues for their case.

The judge explains the law to the jury and instructs them on how to reach a verdict.

Determining the truth of the events based on the evidence and testimony.

A jury cannot reach a unanimous verdict, leading to a mistrial.

Found not guilty of the charges.

A less serious crime that is part of a more serious one, of which the accused can be convicted instead of the original charge.

The judge determines the punishment for a convicted person.

A law that governs how the justice system deals with young people who break the law.

The Act aims to ensure young offenders face fair and consistent consequences, while acknowledging their potential lack of maturity and understanding of the consequences of their actions.

Youth court handles cases involving individuals aged 12 to 17, with separate court proceedings and specialized facilities for youth offenders.

The Act emphasizes non-custodial punishments for non-violent offences like theft, break-ins and property offenses.

This model involves a conference where offenders face justice officials and community members, who then recommend punishments.

The Act allows for the same punishments for youth as adults in cases of murder and other serious violent crimes.

Judges are responsible for determining the sentence based on the offense and considering all relevant factors.

Minor offenses, such as shoplifting and vandalism, can result in up to six months in jail.

Judges have diverse sentencing options, including fines, restitution, probation, conditional sentences, and discharges.

A sentence requiring offenders to comply with specific conditions, such as reporting to a probation officer or completing community service.

This sentence allows offenders to serve their time in the community under house arrest, with strict conditions.

A sentence that leaves an offender without a criminal record, either unconditionally or with specific requirements.

Sentencing aims to promote public safety by discouraging future crime and upholding respect for the law.

Judges consider various factors including the severity of the offense and the circumstances of the offender.

Sentencing aims to uphold justice, ensure public safety, and encourage rehabilitation.

Sentencing aims to deter future crime, punish the offender, reflect society's disapproval, rehabilitate the offender, and ensure justice.

Sentencing considers the seriousness of the crime, its prevalence, aggravating factors (like weapon use), mitigating factors (like age or lack of criminal record), and pre-sentence reports on the offender's background.

A pre-sentence report provides a judge with information about the offender's background, work history, potential for rehabilitation, and criminal record.

Restitution is the act of restoring something to its rightful owner or making amends for a loss or harm.

A suspended sentence is not immediately imposed but the offender is put on probation. If they break probation, the original sentence is imposed.

Conditional sentences involve serving a sentence in the community with specific conditions, often called house arrest. Breaking the conditions leads to jail time.

Concurrent sentences are served simultaneously. The offender serves the longest sentence for multiple convictions.

Consecutive sentences are served one after the other, adding up to a longer total sentence.

These principles require judges to consider Indigenous offenders' backgrounds, systemic factors, and restorative justice approaches when sentencing.

A pre-sentence report that explores the offender's Indigenous background, factors affecting them, and potential restorative options.

Diversion programs allow police to refer first-time offenders who admit guilt to probation, offering counselling or community service instead of court.

These programs involve a judge seeking input from the community, offender, victim, and others on a suitable sentence, often involving restitution or community service.

Appeals allow for correction of errors made by judges or juries, ensuring fairness and preventing unjust verdicts.

A court order that stops a party from taking an action that could cause harm to another party. It's like a legal 'stop' sign.

Legal orders that review the decisions of officials, tribunals, or lower courts. Certiorari means 'to be informed' and Mandamus means 'we command.'

A tort (civil wrong) caused by excessive or unlawful use of property that bothers neighbors or the public. Think of loud music or bad smells.

A tort (civil wrong) where someone intentionally touches another person without their consent. Think of punching or hitting.

A tort (civil wrong) where someone makes false and damaging statements about another person, either written (libel) or spoken (slander).

A tort (civil wrong) where someone fails to act reasonably, causing harm to another person. Think of a car accident caused by distracted driving.

A court order that forces someone to fulfill their contractual obligations. Think of making someone complete a building project they agreed to.

A document filed in a civil case outlining the plaintiff's version of events, their accusations against the defendant, and what they want from the court.

A process where a person convicted of a crime or the Crown challenges the outcome of a trial in a higher court.

Appeals focus on the judge's rulings on legal issues, like whether Charter rights were violated or evidence was correctly admitted.

Appeal courts rarely change factual findings, but they might intervene if an error is so serious that it affects the outcome.

Cases from provincial or territorial courts go to the provincial or territorial court of appeal. The Supreme Court of Canada is the highest court of appeal.

Written legal arguments submitted to the appeal court by both sides, outlining their case and supporting evidence.

These files contain records of all stages of the legal process, including trial documents, transcripts, and exhibits.

An approach to justice that emphasizes repairing harm done to victims and the community, often used for young offenders.

The court can overturn a conviction, order a new trial, or uphold the verdict if the error was minor.

Criminal law deals with crimes against the state, while civil law focuses on disputes between individuals or entities.

A legal action in which a party seeks compensation for damages from another party due to a wrongful act.

Compensatory damages aim to restore what was lost, while punitive damages are meant to punish the defendant.

To provide redress for injuries or losses caused by wrongful acts, such as accidents or business disputes.

An offender may be ordered to pay money to the victim as part of their sentence to compensate for the harm caused.

Failing to obey a court order, which can result in fines or imprisonment.

No, the Supreme Court of Canada can review and overturn decisions of provincial or territorial courts of appeal.

A civil wrong that causes harm or injury to another person, allowing for a lawsuit to seek compensation for damages. It covers various acts or omissions leading to harm, like negligence or intentional acts.

The person who initiates a civil lawsuit against another party, claiming to have suffered harm or damages due to the defendant's actions or omissions.

The person, company, or organization accused of causing harm in a civil lawsuit, against whom the plaintiff seeks redress.

The judge's conclusion or decision after hearing evidence presented by both parties. The defendant isn't declared 'guilty,' but may be found to be 'liable' for damages.

A legally binding agreement between two or more parties, creating enforceable obligations. It covers promises and duties agreed upon by those involved.

When one party to a contract fails to perform their agreed-upon obligations, giving the other party legal grounds to seek a remedy.

The financial compensation granted to a successful plaintiff in a civil lawsuit to cover their losses, injuries, or harm caused by the defendant.

Extra damages awarded in a civil case to punish the defendant for malicious or outrageous conduct, beyond simply compensating for the harm.

The government, which may bring civil lawsuits on its own behalf, but plays no direct role in civil court proceedings otherwise.

Someone who participates in, contributes to, or aids a crime, even if they don't directly commit the act. This can include aiding, abetting, or counseling.